Justice et al v. Rehabilitation Hospital Corporation of America, LLC
| West Virginia Southern District Court | |
| Judge: | David A Faber |
| Case #: | 1:23-cv-00211 |
| Nature of Suit | 362 Torts - Personal Injury - Medical Malpractice |
| Cause | 28:1332 Diversity-Medical Malpractice |
| Case Filed: | Mar 15, 2023 |
| Terminated: | Jan 31, 2024 |
| Last checked: Saturday Sep 16, 2023 7:24 AM EDT |
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Defendant
Rehabilitation Hospital Corporation of America, LLC
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Represented By
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Mediator
Steve Dalesio
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Represented By
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Plaintiff
Tonya Justice
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Represented By
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Plaintiff
Toney Walter Kenneda
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Represented By
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| TERMINATED PARTIES | |
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Plaintiff
Toney Kenneda
Terminated: 05/04/2023
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Represented By
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| Docket last updated: 5 hours ago |
| Wednesday, January 31, 2024 | ||
| 20 | 20
9
pgs
order
Order Dismissing Case
Wed 01/31 11:30 AM
MEMORANDUM OPINION AND ORDER approving plaintiff's11 proposed distribution of settlement proceeds; directing the Clerk to remove this case from the court's active docket; and directing plaintiff's attorney to provide a copy of this order to the statutory potential beneficiaries. Signed by Senior Judge David A. Faber on 1/31/2024. (cc: counsel of record) (arb) |
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| Tuesday, September 05, 2023 | ||
| 19 | 19
redact
Sealed Materials Pursuant To Court Order - SEALED - (Public Docket Entry; NEF; No Document Access)
Tue 09/05 3:45 PM
SEALED DOCUMENT: Exhibit A re: Verified Petition (ECF No. 11) (filed pursuant to Order of even date) (arb) |
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| 18 | 18
2
pgs
order
Order ~Util - Terminate Motions
Tue 09/05 3:04 PM
ORDER granting the MOTION by Tonya Justice, as Administratrix on behalf of the Estate of Toney Walter Kenneda, to Place Supplemental Materials Related to Plaintiff's Verified Petition to Settle Wrongful Death Claim Under Seal (ECF No. 17). Without going into the details, the DNA Report on its face says the results are "Inconclusive." The court will give the potential beneficiaries who are objecting to the proposed distribution an additional 30 days to submit further evidence in support of their claim(s). If no further evidence is provided, the court will approve the distribution as proposed by the administratrix. Plaintiff's attorney is directed to provide a copy of this order to the potential beneficiaries. Signed by Senior Judge David A. Faber on 9/5/2023. (cc: counsel of record) (arb) |
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| Friday, July 28, 2023 | ||
| 17 | 17
motion
Motion To Seal - General - SEALED (Public Docket Entry ; Sends NEF ; No Document Access)
Fri 07/28 4:56 PM
MOTION by Tonya Justice, Toney Kenneda, Toney Walter Kenneda to Seal Supplemental Materials.(Norman, Taylor) |
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Att: 1
Supplement Memorandum of Law
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| Tuesday, July 11, 2023 | ||
| 16 | 16
minutes
Settlement Conference
Wed 07/12 10:13 AM
SETTLEMENT CONFERENCE held by Senior Judge David A. Faber on 7/11/2023; Court Reporter: Lisa Cook. (cel) |
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| 15 | 15
trial
Witness List
Tue 07/11 3:40 PM
WITNESS LIST by Plaintiff Tonya Justice, as Administratrix on behalf of the Estate of Toney Walter Kenneda, re: Settlement Hearing (arb) |
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| Monday, July 10, 2023 | ||
| 14 | 14
redact
Sealed Materials Pursuant To Court Order - SEALED - (Public Docket Entry; NEF; No Document Access)
Mon 07/10 4:10 PM
SEALED DOCUMENT: Exhibit A re: Verified Petition (ECF No. 11) (filed pursuant to Order of even date). (arb) |
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| 13 | 13
1
pgs
order
Order ~Util - Terminate Motions
Mon 07/10 4:01 PM
ORDER granting the12 MOTION by Tonya Justice, as Administratrix on behalf of the Estate of Toney Walter Kenneda, for Leave to File Exhibit A Under Seal as referenced in the11 Verified Petition. Signed by Senior Judge David A. Faber on 7/10/2023. (cc: counsel of record) (arb) |
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| Friday, June 30, 2023 | ||
| 12 | 12
motion
Motion To Seal - General - SEALED (Public Docket Entry ; Sends NEF ; No Document Access)
Fri 06/30 4:01 PM
MOTION by Tonya Justice, Toney Kenneda, Toney Walter Kenneda to Seal Exhibit A as Referenced in Plaintiff's Petition to Settle Wrongful Death Claim and for Approval of Distribution of Settlement Proceeds.(Norman, Taylor) |
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Att: 1
Exhibit A,
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Att: 2
Memorandum of Law
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| 11 | 11
motion
Compromise and Settlement
Fri 06/30 3:57 PM
PETITION by Tonya Justice, Toney Kenneda, Toney Walter Kenneda for Compromise and Settlement(Norman, Taylor) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Friday, May 26, 2023 | ||
| 10 | 10
1
pgs
order
Order ~Util - Set Hearings
Fri 05/26 1:58 PM
ORDER setting a Settlement Hearing for 7/11/2023 at 1:00 PM in Charleston before Senior Judge David A. Faber. Signed by Senior Judge David A. Faber on 5/26/2023. (cc: counsel of record) (arb) |
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| 9 | 9
adr
Report Of Mediation
Fri 05/26 9:41 AM
REPORT OF MEDIATION by Steve Dalesio. (kew) |
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| Thursday, May 25, 2023 | ||
| 8 | 8
adr
Report Of Mediation
Thu 05/25 1:47 PM
REPORT OF MEDIATION by Steve Dalesio(Dalesio, Stephen) |
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| Monday, May 15, 2023 | ||
| 7 | 7
notice
Notice (Other)
Mon 05/15 1:02 PM
NOTICE OF MEDIATION by Tonya Justice, Toney Walter Kenneda (Norman, Taylor) (Modified on 5/15/2023 to remove terminated party filer) (mk) |
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| Thursday, May 11, 2023 | ||
| 6 | 6
misc
Stipulation Extending Time
Thu 05/11 4:30 PM
STIPULATION EXTENDING TIME re:5 Amended Complaint to June 2, 2023 by Rehabilitation Hospital Corporation of America, LLC (Sunseri, Anthony) |
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utility
Set Deadlines/Hearings
Fri 05/12 8:41 AM
SET ANSWER DEADLINE for Rehabilitation Hospital Corporation of America, LLC to 6/2/2023 pursuant to6 Stipulation. (mk) |
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| Thursday, May 04, 2023 | ||
| 5 | 5
cmp
Complaint - Amended
Thu 05/04 4:07 PM
AMENDED COMPLAINT by Tonya Justice, Toney Kenneda against Rehabilitation Hospital Corporation of America, LLC. (mkw) |
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| Wednesday, May 03, 2023 | ||
| 4 | 4
service
Waiver Of Service Executed
Wed 05/03 4:58 PM
WAIVER OF SERVICE EXECUTED. Waiver signed by Anthony C. Sunseri on 04/26/2023. Toney Kenneda waiver mailed on 4/26/2023, answer due 6/26/2023. (Norman, Taylor) |
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| Wednesday, March 15, 2023 | ||
| 3 | 3
order
Mag. Judge Aboulhosn - Standing Order For Assignment And Referral of Civil Actions And Matters
Wed 03/15 4:53 PM
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Aboulhosn. (cc: attys; any unrepresented party) (arb) |
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| 2 | 2
service
Electronic Summons Issued
Wed 03/15 4:48 PM
ELECTRONIC SUMMONS ISSUED as to Rehabilitation Hospital Corporation of America, LLC re:1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (arb) |
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| 1 | 1
cmp
Complaint
Wed 03/15 4:42 PM
COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8383240. (arb) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons - Rehabilitation Hospital Corporation of America, LLC
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utility
Case Assigned
Thu 03/16 9:10 AM
CASE assigned to Senior Judge David A. Faber. (klc) |
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